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(iv) If, in the reasonable judgment of Beneficiary, the Proceeds shall be insufficient to restore the Improvements to their condition prior to the damage or destruction (or as otherwise reasonably approved by Beneficiary), Trustor shall demonstrate to Beneficiary the availability of funds, which together with the Proceeds, shall be sufficient to restore the Improvements to their condition prior to the damage or destruction (or as otherwise reasonably approved by Beneficiary); and (v) There shall, in the reasonable judgment of Beneficiary, remain sufficient time to complete the restoration or repair of the Improvements prior to the maturity date of the Obligations as set forth in the Credit Agreement. At Beneficiary's option, any Proceeds remaining after reimbursing Trustor for the cost of restoring the Improvements may be applied to partial prepayment of the Obligations; provided, however, that such application shall be without any prepayment premium or penalty otherwise applicable and shall not extend or postpone the due dates of the monthly installments payable under the Credit Agreement or change the amount of such installments. Any remaining proceeds not applied to the Obligations shall be paid to Trustor. (c) Reimbursement of Beneficiary's Expenses. Trustor shall promptly reimburse Beneficiary upon demand for all of Beneficiary's expenses incurred in connection with the collection of the Proceeds, including but not limited to reasonable attorneys' fees and expenses. All such expenses, together with interest from the date of demand for payment at the rate specified in the Credit Agreement, shall be additional amounts secured by this Deed of Trust. Section 3.08. Condemnation. Should the Property, or any part thereof or interest therein, be taken or damaged by reason of any public improvement or condemnation proceeding or in any other manner including a deed in lieu of condemnation, or should Trustor receive any notice or other information regarding any such proceeding, Trustor shall give prompt written notice thereof to Beneficiary. Beneficiary shall be entitled to all compensation, awards, and other payments or relief therefor not exceeding the amount then due or to be due under any of the Loan Documents. If the condemning authority specifically allocates a portion of the condemnation award to restoration of the property affected by such taking (including curbing, sidewalks, and landscaping), however, Beneficiary agrees Trustor may retain such portion of the condemnation award so long as it commences such restoration, diligently prosecutes such restoration to completion, and completes such restoration within one hundred and twenty days after receipt of the award. Beneficiary shall be entitled, at its sole option, to commence, appear in, and prosecute in its own name any such action or proceedings. All such compensation, awards, damages, rights of action, and proceeds FNBO /Nova -Tech Deed of Trust DOCS/1660316.5 8 201605326 (ii) Trustor shall notify Beneficiary of Trustor's intention to perform such restoration or repair within thirty days of the adjusting of the loss or casualty; (iii) Beneficiary shall receive evidence reasonably satisfactory to Beneficiary that the Improvements have been fully restored or that by application of the Proceeds will be fully restored to their condition prior to the damage or destruction (or as otherwise reasonably approved by Beneficiary), free and clear of all liens other than the encumbrances approved by Beneficiary, except as otherwise expressly permitted herein;